§ 28-74-501. Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 28-75-113. Disclosure of other digital assets held in trust when trustee not original user
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an […]
§ 28-74-502. Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 […]
§ 28-75-114. Disclosure of digital assets to guardian of estate
(a) After an opportunity for a hearing under state guardianship law, the court may grant a guardian of the estate access to the digital assets of a ward. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian of the estate the catalogue of electronic communications […]
§ 28-74-504. Transitional provision
(a) This act applies to guardianship and protective proceedings begun on or after January 1, 2012. (b) Section 28-74-101 et seq., § 28-74-301 et seq., § 28-74-401 et seq., and §§ 28-74-501 and 28-74-502 apply to proceedings begun before January 1, 2012, regardless of whether a guardianship or protective order has been issued.
§ 28-75-115. Fiduciary duty and authority
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s authority with respect to a digital asset of a user: (1) except as otherwise provided […]
§ 28-74-505. Effective date
This act takes effect on January 1, 2012.
§ 28-75-101. Short title
This chapter may be cited as the “Revised Uniform Fiduciary Access to Digital Assets Act”.
§ 28-75-102. Definitions
As used in this chapter: (1) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney. (3) “Carries” […]
§ 28-75-103. Applicability
(a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after August 1, 2017; (2) a personal representative acting for a decedent who died before, on, or after August 1, 2017; (3) a guardianship of the estate proceeding commenced before, on, or after August 1, […]